MJ leaving on Dec. 26, after all

Manila Rep. Mark Jime-nez, who is facing extradition to the United States, is leaving for the US on Dec. 26 after all.

"Aalis na ako. Bahala na si Presidente kay Nani (I’m leaving. The President can handle Nani)," Jimenez told reporters shortly after filing with the Office of the Ombudsman yesterday plunder and other charges against Justice Secretary-on leave Hernando "Nani" Perez, whom he had accused of extorting $2 million from him.

By leaving on Thursday, Jimenez said he was complying with the order of the Manila court that heard the US government’s petition to extradite him, and honoring the promise he gave US Embassy officials that he would voluntarily leave for the US.

"I am also fulfilling my end of the agreement with the President who has assured me that Nani Perez is on the way out. Let them fulfill their end," he said.

Malacañang has denied that President Arroyo made such a commitment.

Palace officials heaved a sigh of relief yesterday although they still doubted the sincerity of Jimenez’s pronouncements that he that the Manila congressman will "definitely" comply with his voluntary departure, instead of going through extradition process, and leave for the US on Dec. 26.

An obviously relieved yet skeptical Press Secretary Ignacio Bunye admitted yesterday the Palace is not at all convinced with Jimenez’s latest pronouncements.

"Let’s hope he (Jimenez) actually sticks to his plans which he announced early today. As we all know, he has been changing his position on the matter on a day-to-day basis. Let’s hope this is really it, that he will leave as scheduled on Dec. 26," Bunye told Palace reporters.

He warned that "Jimenez has said he would leave. So let’s hope he really sticks to what he said. But if he does not leave or would not comply with the court order, the extradition would have to be implemented, which means he will be placed under custody by the National Bureau of Investigation (NBI)."

The Department of Foreign Affairs (DFA) issued Jimenez a passport yesterday pursuant to a court order allowing him to leave the country to face criminal charges in the US.

Jimenez initially asked for a diplomatic passport, but his request was turned down by Foreign Affairs Secretary Blas Ople, DFA spokesman Victoriano Lecaros said.

"He was given a regular passport instead, based on the request of the Department of Justice (DOJ)," Lecaros said.

He explained that the DFA cannot grant Jimenez’s request because the conditions for issuing a diplomatic passport under Sec. 7 (a) (7) of The Philippine Passport Act (Republic Act 8239) have not been met.

The law states that a diplomatic passport may be issued to the members of Congress "only when on official mission abroad or as delegates to an international conference," Lecaros said.

Jimenez’s old passport, which was issued on May 22, 1997 by the Philippine Embassy in Buenos Aires, Argentina, expired last May.

"The DFA has acceded to the DOJ request to replace Jimenez’s (old) passport," he added.

Should Jimenez refuse at the last minute to leave for the US, the NBI is prepared.

This was confirmed yesterday by acting Justice Secretary Merceditas Gutierrez and NBI Director Reynaldo Wycoco, after attending a meeting at the Palace of the Cabinet Oversight Committee On Internal Security (COCIS), chaired by Executive Secretary Alberto Romulo.

Bunye said Wycoco reported to the COCIS that the NBI is prepared to secure and enforce the court order on Jimenez’s extradition, amid alleged plans of the Manila congressman to escape.

"We know appropriate measures have been adopted by the NBI to ensure that the process will be followed. As we said, steps are being taken to make these attempts to elude arrest virtually impossible," Bunye said.

Wycoco told The STAR yesterday that the NBI will make sure Jimenez goes to the Ninoy Aquino International Airport to board a plane for the US before midnight of Dec. 26, as stated in the court order issued by the Manila regional trial court.

"We will follow the wordings of the court order because the order of the court, if he will not leave by midnight of Dec. 26, he becomes a warrant of arrest also," Wycoco said.

He noted that "the order of the judge is the extradition order itself. He has already tried for extradition and therefore it becomes operative already."

The two NBI agents tasked to protect Jimenez will also be the ones to arrest him should he refuse to leave the country for the US.

Jimenez guarded round-the-clock

Earlier, the NBI was ordered by the Manila regional trial court to provide Jimenez with round-the-clock security. Complying with the court order, two agents from the NBI’s International Police Division were assigned to guard Jimenez on shifts.

"Based on the court order, we have two agents with him always. They are supposed to be with him anywhere at anytime, even inside the house. What is important is we know what is happening to him all the time," Wycoco said.

The NBI is also verifying reports that Jimenez will break his promise to leave the country by Dec. 26. Wycoco claimed to have received text messages and other reports that floated the possibility that Jimenez will break his commitment.

The Philippine National Police (PNP) is actively monitoring plans and movements of Jimenez’s supporters, following reports they will stage a people power-type rally to prevent Jimenez’s departure.

The STAR learned that Western Police District director, Chief Superintendent Pedro Bulaong, is under instructions from PNP top brass to map out contingency plans to maintain order if the scheduled rally pushes through.

Jimenez’s supporters, according to reports, are planning to occupy the EDSA people power monument and the EDSA Shrine, Plaza Lawton in Manila, and Forbes Park in Makati City.

Police sources said Jimenez’s supporters were actively recruited by his local leaders in Manila, who are reportedly going around giving P500 dole-outs to poor residents in Metro Manila.

"The reports we have now show that each rally participant will be paid P500," sources told The STAR.

The PNP also initiated an investigation yesterday against five of its personnel detailed to provide security for Jimenez. The five policemen reportedly disregarded a recall order from headquarters.

The PNP-Police Security Protection Office, under Chief Superintendent Prospero Noble, is spearheading the investigation against these policemen, whose names were withheld.

"They were still visibly around the solon despite earlier orders terminating their security duties," the source said.

He also said these policemen, who were formerly assigned with the defunct Presidential Anti-Organized Crime Task Force (PAOCTF), refused to comply with another directive issued by PNP-Directorate for Personnel and Records Management headed by its director, Jose Lalisan, who ordered their transfer to the provinces.

"They could be administratively charged and if found guilty they could be dismissed from the service," the source said.

He added that the Philippine government will ensure that normal extradition procedures are followed in Jimenez’s case to belie charges by the Manila congressman of his being singled out by the Arroyo administration in its bid to protect Perez, who is scheduled to report back for work on Dec. 27.

"We know that the Dec. 26 deadline was ruled upon by the regional trial court of Manila and this was based on a previous arrangement between Jimenez and the US Embassy. So far as details are concerned, Dec. 26 is really the deadline," Bunye said.

Gutierrez, on the other hand, said the government will enforce the court ruling on Jimenez’s voluntary departure date, which was the "agreement" forged last week between Jimenez and prosecutors from the DOJ.

"Jimenez himself knows what we have discussed at court, that he should leave not later than Dec. 26. So we had a long discussion together with his lawyers and we hope that (he) should abide by the ruling of the court," she said.

Wycoco, asked if the Manila congressman will be handcuffed on the way to the airport, said the NBI is willing to give Jimenez respect due a congressman. However, he said he cannot speak for the Federal Bureau of Investigation (FBI) and the US Marshals who will be escorting Jimenez on his way to the US.

"We will not handcuff him but I cannot answer what the Americans will do. However, we were told that he would also be treated with respect," Wycoco said.

He added that the FBI and US marshals are making all the arrangements for Perez’s flight to the US. The Bureau of Immigration was also ordered by the extradition court to remove Jimenez’s name from the BI’s hold departure list.

According to Wycoco, the FBI and US Marshals will most likely book Jimenez on a US airline flight. Jimenez will also be accompanied by Allan Futalan, an agent from the NBI’s International Police division, who will serve as an "observer escort."

Wycoco also said that the filing of a criminal complaint by Jimenez against Perez before the Ombudsman’s Office will not have any effect on the court’s order.

Informed that Jimenez said he will leave as scheduled on Dec. 26, Wycoco told The STAR, "Di mabuti para walang problema masyado (That’s a load off our minds)."

Asked if Jimenez will be jailed at the NBI detention center on Taft Avenue in Manila should he fail to leave for the US, Wycoco replied, "We will see what the situation would be at the time."

Constitutional crisis?

Arresting Jimenez should he refuse to comply, however, can spark a constitutional crisis, a lawmaker said.

Cagayan de Oro Rep. Constantino Jaraula said Jimenez is immune from arrest until Congress adjourns in June next year, as stated under Section 11 Article 45 of the 1987 Charter.

Jaraula said the Constitution has mandated Congress to convene once every year on July 4 and to continue until 30 days prior to the next regular session, excluding Saturdays, Sundays and legal holidays.

"Consequently, Jimenez shall not be subjected to threats at least from the NBI before the first week of June 2003, when Congress will adjourn its regular session," Jaraula said.

He added that the government has to handle Jimenez’s extradition properly to avoid the public perception that the Arroyo administration is acting solely for its own benefit.

"The matter of immunity is not personal to Jimenez but... relates to the integrity of Congress itself, and it is imperative that a constitutional crisis must be avoided," Jaraula said.

Meanwhile, Senate President Franklin Drilon said that Jimenez should be confined to his residence to prevent the possibility of an escape, which "will make a mockery of our justice system."

In a press briefing, Drilon suggested that House Speaker Jose de Venecia order the House sergeant-at-arms to see to it that Jimenez is kept in his Forbes Park residence until his voluntary departure date.

Under a supposed agreement with the court that prevented Jimenez from being arrested by the NBI, he was placed under the custody of De Venecia as Speaker of the House of Representatives.

"I would like to give my friend, Speaker De Venecia, some free legal advice. I suggest that he order the House sergeant-at-arms to make sure that between now and Dec. 26, Jimenez should not be allowed to leave his residence," Drilon said. "It would be a huge embarrassment if Jimenez disappears."

He also said the date of Jimenez’s departure to the US was no longer for Jimenez to decide.

"It’s up to the courts now," he said.

Drilon also urged President Arroyo to consider "public opinion" in her decision on whether Perez should be retained in her Cabinet or not. Perez is currently on leave from his post.

"The question on whether Perez is guilty or not is no longer the issue here," he said.

Drilon’s observation was echoed by opposition Sen. Aquilino Pimentel Jr., who said that the filing of graft charges against Perez by the Presidential Anti-Graft Commission (PAGC) "was a signal that Perez should extend his one-month leave."

Pimentel added that the charges filed by PAGC, which is under the Office of the President, indicated that Perez "was no longer needed in the Cabinet."

However, Drilon and Pimentel refused to categorically say if Perez should resign from his post.

"I leave that decision entirely to the President," Drilon said.

Manila Regional Trial Court Judge Guillermo Purganan, who handed down the verdict for Jimenez’s extradition, will take a leave of absence starting Dec. 26, the same day Jimenez will leave for the US.

"Walang kulay iyon. (There’s no color in it.) It has been the practice of the judge to take a vacation in his hometown in the North during Christmas break. You can check his record," said a source close to Purganan.

The source added that Purganan’s holiday vacation should not be taken against him, noting that the judge has done his part by ordering Jimenez’s arrest anytime after Dec. 26 should he still be in the country.

"The ball is now with the NBI to arrest (Jimenez) at midnight of the 26th if he fails to depart for the US," the source said.

Purganan, according to a source at the court, did not commit any abuse of authority or discretion when he failed to order the immediate arrest of Jimenez, whose P1 million bail bond was canceled by the Supreme Court.

"The judge could not issue a ruling based on mere news articles from newspapers. He has to get an official copy from the Supreme Court," the source said.

Purganan was not immediately given a copy of the Supreme Court ruling dated Dec. 17, which canceled with finality the P1 million bail bond for Jimenez’s temporary liberty.

Under the rules of court, once a decision has been rendered by the Supreme Court, there should be an entry of judgment in a book or docket.

"That’s the time the judgment will become official. (In this case) There was no entry of judgment," the source said.

Even if the Supreme Court fails to make an entry of judgment, the order can still be implemented after 15 days, when the decision is considered official.

The source close to Purganan reacted to the threat by some members of the Judicial and Bar Council, who said they will block Purganan’s promotion for his lapses in the Jimenez case.

The Council said Purganan’s credibility was "tarnished" by his decision to allow bail. The Council approves the promotion of associate judges either to the Court of Appeals or the Supreme Court. — With Marichu Villanueva, Aurea Calica, Cecille Suerte Felipe, Perseus Echeminada, Mike Frialde, Sammy Santos, Jaime Laude, AFP